Indonesia passes new criminal code banning sex outside marriage.

Contributed by Steve Noakes 7 December 2022 stevenoakes1@gmail.com

1. The headlines 2. The perceptions 3. Commentary about the impact on tourism

1. The headlines (examples).

Associated Press. 6th Dec 2022

https://apnews.com/article/religion indonesia government and politics 68f35819346c5c5b2103e8b9979b51df

‘A copy of the amended criminal code obtained by The Associated Press includes several revised articles that make sex outside marriage punishable by a year in jail and cohabitation by six months, but adultery charges must be based on police reports lodged by their spouse, parents or children. It also says the promotion of contraception and religious blasphemy are illegal, and it restores a ban on insulting a sitting president and vice president, state institutions and national ideology. Insults to a sitting president must be reported by the president and can lead to up to three years in jail.’

ALJAZEERA. 6 Dec 2022

‘Indonesia has passed a controversial new Criminal Code that includes outlawing sex outside marriage and cohabitation, in changes that critics contend could undermine freedoms in the Southeast Asian nation. The new laws apply to Indonesians and foreigners and also restore a ban on insulting the president, state institutions or Indonesia’s national ideology known as Pancasila.’

www.aljazeera.com/news/2022/12/6/indonesia passes legislation outlawing sex outside marriage

BBC news – international www.bbc.com/news/world asia 63869078

USA. 6 Dec 2022

‘Indonesia has long been known as a widely tolerant nation at the forefront of establishing democratic reforms throughout Southeast Asia. That progressive reputation took a hit on Tuesday when Parliament cleared a sweeping overhaul of the country’s criminal code.’ www.nytimes.com/2022/12/06/world/asia/indonesia sex gay rights.html

https://abcnews.go.com/International/wireStory/adultery punishable offense indonesias criminal code 94538205

www.bloomberg.com/news/articles/2022 12 06/indonesia bill barring extramarital sex gets renewed debate

Canada national news www.cbc.ca/news/world/indonesia parliament criminalizes extramarital sex 1.6675595

ABC national news, Australia www.abc.net.au/news/2022 12 07/indonesia bans sex outside marriage explained criminal code/101738418

Channel Nine national news, Australia. 6th Dec 2022 www.9news.com.au/world/tourists face jail for sex outside marriage in bali after indonesia criminal code reforms/54aa4a80 44ae 49d0 9cd3 5a9449387924

‘Indonesia’s Parliament has passed a long awaited and controversial revision of its penal code that criminalises extramarital sex and applies to citizens and visiting foreigners such as Australians going to Bali alike. A parliamentary task force finalised the bill in November and lawmakers approved it Tuesday. A copy of the amended criminal code obtained by The Associated Press includes several revised articles that make sex outside marriage punishable by a year in jail and cohabitation by six months.’

‘It’s just too risky’ explained one Perth based FIFO (‘fly in, fly out’ worker) who spends 3 months of the calendar year in Bali.

‘I guess I’m copping the extra couple of hours to Vietnam or Thailand moving forward.’

2. The perceptions

‘Critics see the laws as a "disaster" for human rights, and a potential blow to tourism and investment’ (BBC News) www.bbc.com/news/world asia 63869078

From return tourists to Indonesia (Bali, Java, Sumatra, Sulawesi, Flores): Two (married) Australian women already booked for Bali holidays during Xmas/New Year period.

last

From an international tourist (a regular visitor to Bali)

‘I don’t have my marriage certificate on hand and it will be a barrier in my decision making to go to Indonesia because of the criminality aspect of the new law.’

From an Australia tour operator operates tours into Indonesia (7 Dec 2022)

‘Whilst Indonesia’s criminal law code is in need of review, many proposals under the new code are astonishingly antiquated and draconian. Their acceptance would be impossible to enforce, and when enforced, the punishment a in direct contradiction to basic human rights.’

Local perspectives

‘Many hotels, including in tourism areas like Bali and metropolitan Jakarta, will risk to lose their visitors … These laws let police extort bribes, let officials jail political foes, for instance, with the blasphemy law’. Andreas Harsono, Human Rights Watch, Indonesia.

Muhamad Isnur, chairman of the Indonesian Legal Aid Foundation, said the laws run “contrary to international human rights norms. We are in a new paradigm’ www.nytimes.com/2022/12/06/world/asia/indonesia sex gay rights.html

3. Commentary about the impact on tourism

Noting:

• Perceptions of destinations are a critical influencer on the travel choices people make.

• Mass media (online and off line) has a major influence on those perceptions including the destination brand messaging, the consumer decision making process and destination competitiveness.

• Parts of Indonesia have high levels of repeat visitations direct engagement with a brand (such as ‘Bali’ or ‘Indonesia’) is an important purchasing decision factor. 1

• When a negative event (or media messaging) occurs in a tourism destination, tourists may feel the destination fails to meet their expectations for a destination experience, which could undermine their trust in the destination and activate a sense of betrayal.2

• The problem with social media is that negative comments don't only spread among the followers. Potential customers can see these comments and start to second guess their decisions to travel with the company or book through it.

The law is not immediate:

• ‘The bill was passed with support from all political parties, despite warnings from business groups that it could scare away tourists and harm investment. After ratification, the new criminal code must be signed by the president, according to Deputy Minister of Law and Human Rights, Edward Hiraeij.

• He said the new law had "a lot of implementing regulations that must be worked out, so it's impossible in one year". Indonesia's new criminal code will not apply immediately, but is expected to take a maximum of three years to transition from the old code to the new one And its changes could still be challenged in the courts.’3

Tourists make risk assessments:

• The paramount issue is safety.

• If you are a married couple the new law has no direct impact on any risk of being arrested.

• However, there might be indirect impacts on the attractiveness of the laws and imposition of social values on friends or relatives who might also be potential visitors to Indonesia.

1 www.hotelmize.com/blog/positive and negative effects of social media on the tourism industry/

2 Lujun, Bocong, Yinghua (2022) www.sciencedirect.com/science/article/pii/S0261517722000498

3 www.abc.net.au/news/2022 12 07/indonesia bans sex outside marriage explained criminal code/101738418

Destinations can be resilient:

• Indonesia knows negative publicity from disasters earthquakes, volcanoes, tsunamis, floods, forest fires etc. For the tourism sector, they each have their own impacts and different patterns and times for recovery.

• But, like any destination that can recover, tourism does return.

• The local industry and the marketplace are adaptable.

• Short term negative publicity can have short term impacts, but often over the longer term destinations with a strong brand relationship with target markets (e.g. Bali) can ‘weather the storm’ and recover.